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Farmer’s wish since 2008 to seek employer granted
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Posted on Jul 13 2011
The Superior Court authorized yesterday a farmer to seek work in the CNMI, an issue that he has been fighting with the Department of Labor since 2008.
Associate judge David A. Wiseman issued the order after Labor, through the Office of the Attorney General, agreed to grant John John H. Cruz permission to seek work.
Labor also moved to dismiss the appeal filed by Cruz in court. Wiseman granted the motion.
The judge ordered that Cruz’s umbrella permit will be reclassified by Labor from “case pending” to “240K, work authorized” as of yesterday. The expiration date and next filing date is Nov. 27, 2011.
Cruz is among the many jobless alien workers who were assisted by attorney Stephen Woodruff and the federal Labor Ombudsman’s Office in appealing Labor orders with the court.
On Monday, Wiseman issued similar orders to over 40 jobless aliens.
Labor records show that on May 25, 2007, Ramon M. Sablan submitted an application to Labor to employ Cruz as a farmer. Labor approved a conditional grant of transfer that same day.
Cruz worked for Sablan in June and July 2007 and was paid for his services. In August 2007, Cruz was told to stop farming and was not provided any work after that, according to Woodruff.
The following month, Woodruff said, Cruz testified against Sablan in a Labor compliance agency case. By virtue of this testimony, Woodruff said that Cruz is a “whistleblower” under Labor employment rules and regulations.
In June 2008, Cruz filed a labor case against Sablan on grounds that the employer breached the employment contract by abandoning him. The matter came for mediation on June 30, 2008, before a “guest mediator.”
In April 2009 or almost a year later, a Labor administrative hearing officer ruled that the “guest mediator” granted immediate relief to Cruz at that time (June 30, 2008).
On April 20, 2009, the administrative hearing officer ordered Cruz to depart the CNMI once a repatriation ticket was supplied either by Sablan or the bonding company.
Cruz appealed to the Labor secretary, but was denied.
Cruz filed in July 2009 the petition for judicial review of Labor’s orders.
